You may not need a judge or arbitrator to resolve disputes, conflicts, and other difficult issues
What is Mediation
Mediation is an alternative to traditional litigation or binding arbitration. It is confidential and voluntary. Mediation allows the parties to control the outcome of their disputes. It provides the parties an informal, non-binding process to:
- Identify and air their issues.
- Make their needs and objectives clear to each other.
- Identify common interests and values as well as competing interests and values.
- Build on common interests and values toward resolution of disputes by balancing their competing interests and conflicting values in a mutually acceptable way.
Benefits of Mediation
There are many benefits to Mediation, as opposed to litigation or arbitration, including:
- Mediation is generally a fair and effective form of alternative dispute resolution.
- In Mediation, the parties maintain greater control over the resolution of disputes.
- Disputants who achieve mediated solutions typically adhere more closely to the rules and protocols created in Mediation than litigants do to orders issued by court and arbitrators.
- Mediation is a confidential process; unless the parties mutually decide otherwise. Public disclosure of sensitive information is avoided, except when all parties agree to disclose.
- As compared to litigation, Mediation facilitates mutual understanding, which often leads to more cooperation, better commutication and improved relationships.
- Mediation generally consumes less time, less money and fewer emotional resources than litigation.
The Mediator’s Role
The mediator provides a safe, neutral, non-adversarial environment, helps the parties identify and frame the issues in constructive ways, and facilitates development of a mutually acceptable solution. A mediator may assume a variety of roles and techniques in assisting the parties. Mediators help the parties:
- Approach the challenges of a difficult conflict with a constructive attitude.
- Embrace reasonable solutions.
- Use positive sources of power to influence one another.
- Approach conflicts creatively.
- Identify and address self-limiting behavior that may hinder resolution.
- Learn new ways to process input received from the other parties.
- Identify multiple options for resolving conflict.
- Develop sustaining relationships and initiate constructive patterns of communication in their work and their lives.
- Build the capacity to manage and cope with future conflicts in constructive ways.
Rodney E. Fitzhugh is certified mediator with extensive training and experience in mediating difficult issues. If you are involved in a lawsuit or other significant conflict, or have difficult issues and concerns affecting your marriage, your family, your business, or your other important relationships, please call us. We can help you determine whether Mediation may be an appropriate choice for you.